2017 -- H 5840

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LC001955

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH CARE FACILITIES - LICENSING

     

     Introduced By: Representatives Tanzi, McEntee, and Fogarty

     Date Introduced: March 02, 2017

     Referred To: House Finance

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-17-4 of the General Laws in Chapter 23-17 entitled "Licensing

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of Health-Care Facilities" is hereby amended to read as follows:

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     23-17-4. License required for health-care facility operation.

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     (a) No person acting severally or jointly with any other person shall establish, conduct, or

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maintain a health-care facility in this state without a license under this chapter; provided,

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however, that any person, firm, corporation, or other entity that provides volunteer, registered and

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licensed practical nurses to the public shall not be required to have a license as a health-care

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facility.

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     (b) Each location at which a health-care facility provides services shall be licensed;

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provided, however, that a hospital or organized ambulatory-care facility, or their wholly owned

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and controlled affiliates, shall be permitted to provide medical services at additional locations

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without the requirement of a separate additional premise, organized ambulatory care facility,

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physical space or other department license or approval shall be permitted to provide, solely on an

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ambulatory basis, limited physician services, other limited, professional health-care services,

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and/or other limited, professional mental-health-care services in conjunction with services

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provided by and at community health centers, community mental-health centers, organized

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ambulatory-care facilities or other licensed health-care facilities, physicians' offices, and facilities

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operated by the department of corrections without establishing such locations as additional

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licensed premises of the hospital or organized ambulatory-care facility; provided, that a health-

 

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care facility licensed as an organized ambulatory-care facility in the state, may provide services at

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other locations operated by that licensed organized ambulatory-care facility, without the

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requirement of a separate, organized ambulatory-care facility license for such other locations. The

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department is further authorized to adopt rules and regulations to accomplish the purpose of this

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section, including, but not limited to, defining minimum requirements applicable to all locations

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where medical services are rendered, and affirming that the medical service provider remains

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subject to discipline for failure to comply with applicable professional and legal standards, as

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long as such regulations apply equally to all medical service providers. For purposes of this

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section, an organized ambulatory-care facility or other licensed health-care facility shall not

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include a freestanding, emergency-care facility. The department is further authorized to adopt

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rules and regulations to accomplish the purpose of this section., including, but not limited to,

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defining "limited physician services, other limited, professional health-care services, and/or other

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limited, professional mental-health-care services."

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     (c) The reimbursement rates for the services rendered in the settings listed in subsection

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(b) shall be subject to negotiations between the hospitals, organized, ambulatory-care facilities,

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and the payors, respectively, as defined in ยง 23-17.12-2.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH CARE FACILITIES - LICENSING

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     This act would allow physician practices to maintain their license standards, even if a

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hospital system owns the practice.

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     This act would take effect upon passage.

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